thanks for joining us everybody. >> america live starts right now. >> megyn: fox news alert on what now appears to be a changing story from the feds about critical events leading up to the boston marathon attack. i'm megyn kelly. homeland security vehicle janet napolitano saying her department knew tlatd older brother in the boston marathon bombings, tamerian tsarnaev traveled to russia last year. that was news to lindsay graham who says the f.b.i. told him they had no knowledge of his travels abroad and that his name had spelled incorrectly on that trip and they hadn't is your

veiled him. so it could help if the bombing suspect had any help and the look at the older brother. this mugshot was when he was arrested for domestic violence and that is when they believe his radicalization took place. katherine heritage has more. >> in front of the senate committee the statements of homeland security secretary apparently conflict weigh statements by assistant f.b.i. director. napolitano telling senators that homeland security, he left for russia in 2012. >> was your department aware of his travels to russia, if you weren't, the reason? >> the travel in 2012 that you are referring to -- yes, the

system pinged when he was leaving the united states. by the time he returned all investigations the matter had been closed. >> reporter: after those statements the senators were told by napolitano that the lookout system at the border that alerts border agents that subject to investigations will have negative information in their files, but look out on tamerian tsarnaev had expired. >> the point i'm trying to make, after talking to the f.b.i., they told me they had no knowledge of him leaving or coming back. the name was misspelled. i would like to talk more about this case, where he left. i just don't know how in the world we know that at this early stage. >> reporter: democratic senator dianne feinstein telling reporters that she, too, will press the f.b.i. for more

information specifically on how his immigration status may be related. >> when he came back to this country, why didn't it ring a bell with the f.b.i. intelligence unit that he should be checked out and vetted again. dhs clearly denied him to be naturalized as a citizen for some reason. >> a short time, charles grassley telling reporters they need to understand whether the handling of tamerian tsarnaev is kind of pre-9/11 situation that one agency didn't know what they were going or the left didn't know what the right was involved in. >> megyn: as she mentioned, senators will get a chance to ask the tough questions that they have been wanting to can sk when they hold a closed door hearing on the boston terror attack. among the issues, specifically

with the f.b.i. is what suspect tamerian tsarnaev did on that trip to russia an why his trip did not spark more interested with the f.b.i. right now, they closed the file he was over there in russia. why? why did they do that? why didn't they reopen the file? we looked into this guy to have jihadist ties where that died of thing could be nurtured. perhaps we should look into that again. at the same time they closed the book but we denied citizenship. which is it? in ten minutes we will talk to one of the lawmakers that will inside the hearing. intel member dan coats will 5/6 preview on what he wants the f.b.i. to answer in about an hour and a half. >> breaking today, a new

statement from the lawyers of the woman married to the now deceased boston bombing suspect. the attorney for katherine russell that are tar she is doing everything she can in assist in the investigation but her lawyer did not say whether she agreed to be interviewed the feds requested on sunday. there is speculation she had already done it. she was seen leaving her house leaving with her lawyer and returned four hours later. there are reports from her lawyer that she didn't know bout her husband's involvement in the attack. it came as a shock. the lawyer shared more from the katherine tsarnaev and we'll have that just ahead. we are learning the federal authorities are investigating a possible link between the older brother and an unsolved triple murder back in 2011. victims relatives say the

suspected marathon bomber may have played a role knowing he was very close friends with one of the dead men, referred to him as his best friend. this is video of the scene two years ago in massachusetts on still unsolved crime. police police say the three young men were found dead in an apartment, throats slashed, bodies covered with marijuana. one they were training at a boston martial arts facility. there ko there will be a connection? >> in washington the democratic national committee is now being accused of trying to capitalize on the bombing for fund-raiser purposes. they had a tweeted where people could send a message to of thanks to the boston authorities but you click it becomes

property of dnc. rnc chair says that basically means this is about adding to your fund-raising list and there has been a nasty exchange between the two of them. john, your counterpart was not able to join us today. your boss, reince priebus called this disgrateful and they are capitalizing on terrorism. very poor tastes. they say look, we wanted to give our supporters to express their gratitude and support in the wake of the tragedy. >> i think the attack was an attack on america. i don't think it's any place for politics to be involved. we at rnc and the chairman have been encouraging to give to things like the one boston fund that will help provide the funds

and the victims of this tragedy that occurred. we don't think it's appropriate to gather people's names and personal identification to raise money or identify them as potential voters or supporters. we ask to pledge nothing they would be doing for political purposes and they refused to do that. it's clear what they attempted to do and it's sad to see they are using a tragedy for fund-raising purposes. frankly, they should admit it was a mistake, apologize and say it won't be used for any political purposes. >> megyn: if you want to find the note they were saying, you have to give your email account and your zip code to debbie wasserman schultz. you said all right, if you are really claiming that has nothing to do with your attempts to fund-raiser or improve your data

mining capabilities, why don't you say it. they did not do that. before you came out, we reached out and asked them directly whether they were prepared to do that as weanld we have not received any response. is it beyond the pale to be asking people for their email addresses if they want to send a message of support? >> i think what you want to do is tell them where they can help. all americans are saying how can we help the victims of this tragedy. we do it. the chairman does it. how they can do that direct compassion and spirit of helping neighbors. last place, how can we take advantage of it. when you click on their website, they own all this information and they have full authority to use it in the future going forth for any number of purposes.

its simple thing they should do at the dnq, we made a mistake, we will not use any information for any purposes that are political in nature. they refused to do it. i think that is very sad. whether or not you are republican or democrat you should be outraged we should be coming together not trying to take advantage of a situation like this. >> megyn: not only are they refusing to say they are using for a political purposes but the dnc as a disclaimer can use it. i do want to ask you. this there is a columnist boston herald that is ticked off, he had criticisms both republicans and democrats in the wake of boston but he gives it to the dnc and debbie wasserman schultz she should apologize immediately and how about donating some of the millions. do you agree that she needs to apologize for this? >> i do.

i hope this was frankly, i do hope this was the may of a staff they're was misguided. i know the chairwoman we disagree politically. i don't think they would do this. i hopefully this is a low level staffer that made a lapse of judgment. >> megyn:i think they are going a different way. what they added to the statement. >> now, they are doubling down. >> megyn: they say what is disgraceful as republicans would politicize of thanking the brave men and women to keep us safe. >> and unfortunately when you look at the actions we've done, again, i don't think this is game of one up manship. frankly, again, actions speak louder than words. what we have done at the rnc is point people to the places that will take their money and help the victims. it's note about us collecting

names. we don't give the website of the organizations that helps. it's about the victims and tragedy the people of boston and those that visiting underwent on that day. so, i don't think this should be politicizes. they are trying to turn the table and admitting the mistake and moving on. >> megyn: thank you very much. >> a little more than 72 hours after the arrest of the soul surviving boston terror suspect and the f.b.i. is being called before a senate intel community to answer questions about whether it dropped the ball when it was asked to investigate one of the two men accused of killing three people last monday and injuring more than 180 others. dan coats who was on that intel committee joins us live next with where this is going with

the f.b.i. today. eye-opening new details on the boston bombing suspects as we hear from the man that was carjacked at gun point and what he heard about a future attack. new concerns that american travelers as passengers across the country being told to wait. the name's bear, fancy bear. score planner is free to everyone. free score applies with enrollment in freecreditscore.com fancy bear slider still in beta. and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. [ female announcer ] from more efficient payments. ♪ to more efficient pick-ups. ♪ wireless is limitless.

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>>. >> megyn: fox news alert on another scare that made headlines last week as we learned the suspect accused of sending letters with poison may have been framed. paul kevin curtis was arrested after letters containing ricin aarrived at offices and white house mail room. sources now tell fox news that the f.b.i. is investigating whether curtis shown here because he was a frequent elvis impersonator, was framed by a

neighbor holding a grudge. curtis remains in jail while it's investigated. we'll have more information as we get it. wow! >> megyn: a lot of questions for the f.b.i. from the wake of the terrorist attack last week. the agency will be called to account for its actions for intel committee in a classified hearing. committee meeting in about an hour. officials will answer questions whether they failed to spotlight red flags surrounded tamerian tsarnaev increasing radicalization and most recent trip to russia last year. republican senator dan coats is a member will be there. thank you so much for being here. >> sure. >> megyn: this promises to be an interesting hearing. can you tell you who specifically from the f.b.i. you expect to testify? >> i think that is classified

but it is very high ranking official from the f.b.i. we're going to really drill down team in terms of questions. what they knew and what they knew now and what the difference is between a week adding and now. the whole question of why did this person appear on some screens and not others as a potential risk, we got a lot more to learn but we need to learn that to prevent this from happening again. we will drill down very deep in this session that is classified. >> megyn: clearly there are a lot of questions about increasing radicalization. he was posting as far as we can tell, terrorist inspired messages on his youtube channel three years ago which would have been prior to the time the f.b.i. started to investigate him. they only got worse from there. domestic violence thing, he dropped out of his boxing

career. this is the profile and he causes trouble at his mosque. this is the profile that becomes home-grown radical. why would we not have kept an eye on him? >> obviously we can't jump to conclusions until we hear what the f.b.i. did on do in terms of relating to this information about this particular individual. we know that the russians had sent a notice that we should take a look at this. we did. the f.b.i. said they did a thorough investigation but obviously it wasn't thorough enough because it didn't turn up one of the things you mentioned and we are looking for other information. >> megyn: are you going to ask the question -- there are two issues the failure to spot this guy's radicalization over the past few years, number two, why, why didn't the people at the f.b.i. -- they usually do the interviews in tandem. two agents that sat down with

tamerian tsarnaev back 24 months ago, when we had a terror attack in boston on monday, say let's go take another look at that guy who we questioned or at least when they saw a videotaped of him. come forward and say that is the guy we just interviewed. are you going to ask that? >> and many more questions. we want the full detail pre-and post to the incident. it's important to tie it down to see if there were connections to terrorist organizations overseas. if there is a foreign element in this. it's important to see the procedures to prevent this or get peoples names so when they travel in and out of united states they pop up in the process. >> megyn: will you get names of the specific f.b.i. agent or employees who conducted those interviews of tamerian tsarnaev

and find out whether they are still in the field off office and whether they did speak up at any point last week about their prior contacts with tsarnaev. >> there is parallel to benghazi and how difficult it is to get names of people and who did what when. we did note want to do the mistake that happened in benghazi. we still don't have information. so i think we're going to keep pushing and not allow easy answers to this. we want to get to the bottom of it. it's for the safety of americans in the future. it's for providing justice in the proper way. >> megyn: what are the names that interviewed him and are they still with the f.b.i., where, and did they come

forward. we will ask those questions and many more. we wanted to hear the entire narrative regarding this incident. >> megyn: we'll see. senator, all the best. coming up breaking news the trial of this abortion doctor. we have it next.

>>. >> megyn: police in denver now say they have spoken, quote, a person of interest in the shooting that hurt three people at a massive potted party, basically, over the weekend. he was one of the men seen in a youtube video amid the chaos of thousands. folks were running for their lives. police released the man without charges. an argument between rival gangs led to as many as ten gunshots.

it's like this counterculture pro marijuana gathering that they were having. it's legal out there. and some guy opens fire. the shooter right now remains at large. >> megyn:, well, we have to lighten the mood today. that would be news anchor has become an internet sensation. he wanted people to watch him but not for this reason, as he opened his first broadcast with two obscenities, the "f" word and was promptly fired. trace trace, i think i can relate to the deer in the headlights first ever live, going to the fsmgs places, not recommended. >> reporter: i'm with you.

we both know, first time anchor, you get nervous to the point of nausea. this guy was nervous and before day before he got this job, he sent a tweet out. news director, checking out my tape, seeing if i am ready for cankering, gesture you make with your hands. when i saw the tape, i laughed out loud. it is funny. we're going to show you the whole thing. he got the job and here is how it went. >> you are watching the evening sunday on nbc north dakota news, your news leader in high definition [ bleep ]. >> you may have seen north dakota news and join the weekend news team as my co-anchor. tell us a little bit about yourself. >> thanks, i graduated from west virginia university.

welcome aboard a.j.. >> oh, no. >> go back to this. >> exactly. it was the fsmgs word followed by the "s" word and right before he said something else. he was trying to pronounce a word. he clearly messed up. he tweeted this, tough day, thanks for the support. we all make mistakes. i will try my hardest and learn from this. the station didn't give him a chance. they fired him. oops, rookie, mistake. >> reporter: seems like a good guy. he got a lot of online support. he will do a national tv shows. he got a lot of notoriety, but he wasn't quite ready for it.

>> megyn: the profanity is not good. he was swearing he was trying to pronounce the name of the winner of the london marathon. which was tough to pronounce, we've been there. we don't usually say the "f" word on air about the pronunciation but tell us about yourself, basically, what the heck am i doing in north dakota. i don't anything about you people. [ laughter ] >> megyn: way to bond with your local audience. [ laughter ] >> he could get another job in a different market. >> he will. >> megyn: i'm not sure. north dakota that is not a big market to begin with. >> there is not many. >> megyn: i like his sense of humor. that will serve him well in life. >> reporter: me too, megyn.

>> megyn: i tell people it's like typing, as badly as you may want to be, really good and really polished, you have to do it over and over and over again. keep that in mind, a.j., keep doing it over and over again and there is a filter on the profanity. never served the guy wrong. >> american air travelers are being used a as mr. political pawns they should write to their congressman blaming spending changes for the delays. we'll talk about that next. as the soul surviving bombing suspect is now talking, she now talking and they have released in part leaks of what he reportedly said that his religion motivated this attack. in the wake of this bob beckel suggests we need to take a look

in his view at the muslim students coming to america. we need to ask why they are here and why whether he we should continue allowing that. he'll join us live. >> i think we have to really consider, given the facts so many people hated us, we need to cut of for muslim students coming here so we can look at what we've got and some of the people here should be sent back home or sent to prison. i don't make any decisions about who to hire without going to angie's list first. you'll find reviews on home repair to healthcare

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>>. >> megyn: fox news alert. breaking details on a disturbing murder investigation. as we learn the, quote, doctor accused of killing living babies on the operating table in the course of abortions has had some of the murder charges against him dropped. shannon bream has the live update. >> as you know, at the end of the prosecution's case and before the defense formally begins it's a case they will ask a judge to throw out the charges against the definitely arguing essentially that the prosecution didn't prove its case and shouldn't go to the jury. that is what happened today and there was a measure of success for the defense here. three of the infant murder charges have essentially been tosseded. one of the other charges were thrown out several charges of mishandling corpses. what remains is significant, murder charge overdose death of a patient and one infanticide

charge. he could face the death penalty. his defense attorney argues that the infants he is accused of killing were not born alive. the testimony about any twitching or movement doesn't indicate they were living. our producer inside the courtroom the attorney said if we in this room are going to say a bone baby is born live with one movement is ludicrous. to say that is disgraceful. defense continues. >> megyn:, thank you. >> new fallout from the budget changes known as the sequester. still weird, as the faa furlough air traffic controllers. leading to reports of flight delays across the country but they suggest it's nothing more than a political strategy to get travelers to campaign to reduce the budget in other areas that

would not delays passengers. some of the spending and $500 million they are spending, quote consultants or the $325 million for supplies and travel. there is the department of transportation $474 million grant program that promises to make communities more livable and sustainable. you may recall tsa, different agency but speaks to the spending that our government level, recently okayed a $50 million contract for new uniforms. that is a lot of dough. are we spending it well. so tsa is under dhs which is not the same, the point is just that they spend and they spend and they spend. they found $50 million to spend over the tsa and uniforms when it comes to air traffic

controllers, now they to furlough and cut back? >> the numbers are all there. you laid out important numbers there. $474 million to make communities more livable through the faa, honestly, money well spent, i'm sure. we're talking about flight delays that would more than double the worst flight delay day of last year which was entirely because of weather. 3,000 flight delays in a single day. they are talking about 6,700 flight delays in this. everyone in this town knows that the president has the ability to just wave his hand and make this all go away. this is hundred percent politics 100 percent midterm elections. it's about making republicans out to be the bad guys. there is a proposed legislation, i talked about this on my radio show and i found articles like this one from february 28, rick

cline an obama supporter, pointing out that the republicans offered obama the keys to undo all of this, to soften the blow, make sure the money we cut was quality of life improvement programs. he is has decided to inflict as much pain as possible on the american people for a purely political reasons. >> megyn: leslie? >> how much time do i have. i am touched that you and fellow republicans are so concerned about my traveling from l.a. to orlando with two toddlers tomorrow with an additional two and a half hour delay. thank you. i know how concerned you are. no, chris, you guys had an opportunity when you talk about opportunities to sit down and not even have the sequester happen. do you remember when the president listed all the areas that would be affected with cuts one of which was air traffic control. you also remember republicans saying at that time, it was a

fear tactic. it wouldn't happen. now that it is happening, he is making it happen for political reasons. air traffic as union employees, union back democrats. the unions say then and now that was a four-month process they were phasing in the furloughs or phasing out the working hours simply because of safety. 70%, 70% of the budget is payroll. you can look at the big numbers but you can't ignore the overwhelming majority of numbers that is going to be affected and that is going to affect flights prior to sequestration. >> the sequestration was the president's idea. proposed by his white house. of course they said it didn't have to happen. the republicans could capitulated to every white house demand. the reality is and i have the article in my hand right here from ezra cline. the republicans have offered the president the opportunity to

undo all the hardships that you would be facing with your toddlers going to orlando. have a lot of fun -- and it's entirely up to the president, it's the demonization of everything and president takes responsibility for nothing. this is all on him. he can snap his fingers and make it go away. you know-p well that is indicates. >> megyn: i do want to tell the viewers what we are talking about. the airlines have launched a campaign to blame the obama plogs this and send the message to the white house the department of transportation and congress don't ground america. tell them that you oppose faa imposed flight delays. they want activism by the passengers that are affected. and that is pointed chris is trying to make.

that twice, at least two g.o.p. senators wrote bills to try to give president obama the authority to make spending decisions that he thinks are more sensible. if he doesn't like this. maybe he could take the $50 million back from the tsa. they paid a bunch of money torque launch women in transportation. a video series which we have some video. why do we have to spend on that? president obama was offered to red line, love women and transportation and love new uniforms but i would rather have air traffic controllers on the job and the senate blocked those reforms. >> this is again, we americans love my country around love my people. we are knee-jerk reaction after the fact society on almost everything. this was preventable. the president said that, the american people said that and president said that. quite frankly to urge anybody to

complain after the fact, we had the power long before knowing what would come down with sequestration as to who we would cast our voted for. we had the power then to pick up our phones to text and contacted our representative, of course we do now. this is after the fact. this is -- it amuses me we talk about this cut but nobody was complaining about my friend and husband having to go on furlough and get go go less pay while work is piling up. this affects not only the american people. this directly affects the flying directly affects politicians on the right and left. >> megyn: i got to go. >> the president promised to vetoed any blow. >> megyn: thank you. we're going to breaking news on last week's ricin attack.

we're hearing that the suspect is about to be released because they now think he was framed. we'll have a live report on this just ahead. widest of dead boston bombing suspect breaks her silence. we got that coming up. is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.

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kel i iote said is there is no way a defense lawyer is going to let dzhokar tsarnaev talk any more without taking the death penalty off the table. he has been in custody for 60 hours which the feds decided to read him his miranda rates. joining us is mercedes cowlin and you had such different reactions to this. right is ticked off that his miranda rights were yesterday red to him. he can't speak we're told like a one word, yes or one word no, the left is ticked off it took him as long as it did to read the miranda rights. >> first of all, i to give kudos for calling it an act of terrorism to the obama administration like they called

hassan workplace violence. bottom line, if they don't want to use the statements a this guy makes in a criminal prosecution, they can ask him questions all day long without murnd. they can do it after he gets a lawyer as long as a clean team, a team that is is not involved in the criminal prosecution goes in and asks intelligence related questions that is separated by an ethical wall that is pretty from the criminal prosecution, it's all good. >> megyn: miranda protects you from the prosecutor but it didn't protect you some intel person, we want more answers. >> that is exactly right. somebody may think, if he has lawyer how can some task force ask him questions. the bottom line is they are not prevented from asking him questions that is usinged in capacities other than criminal

prosecution. he. >> megyn: he is not required to answer. he has lawyered up. he is represented by the public defenders office out of boston. i think the guy's name is william thicke and they showed up at his hospital room with a imagine straight judge and if skd him if he understood the charges. he said he couldn't afford a lawyer. he is appointed you to and mr. thicke is not going to be dean to let him talk? >> he is going to say, keep your lips sealed. let me try to negotiate something. if they tart stoort ask questions. if they started to say what happened, what connections you have, you can implicate yourself. keep your mouth shut. there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to

be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle

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>>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted to defend islam. his brother made him do it. it was inspired by religion but they are not linked to any islamic terrorist groups and so on. is that going to be helpful to him? >> how outrageous.

try that with a jury, they are fuming you are going to blame your brother. you have been in the th country ten years? you don't think independently? give me a break. not a jury is going to buy that. >> he also reportedly they only came up with this a week earlier. >> that is crock, megyn. when i was in the u.s. attorneys office i served on the death penalty committee. we decided who lives and who dies, who gets the death penalty and who is not. when you do it it's a very careful, thoughtful process. you weigh up the aggravating factors and mitigating factors. let's same for the purposes of argument that he was under some sort of influence of his brother his brother was somebody svengali he went to a great private school.

assuming that is true. aggravating factors far outweigh the other factors. >> megyn: if they have picture putting the bomb down next to an eight-year-old boy. >> a smart person said on this network recently, this kid is poster child for the death penalty. >> megyn: i can't recount who that is. >> i'll take the fifth on that. >> megyn: coming up, the wife of the dead boston bombing suspect, an american, plus breaking news on poison letters sent to capitol hill and president says, this is unbelievable update to the ricin scare you think would be concocted by defense lawyers. stay tuned. as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption.

>>. >> megyn: fox news alert. a that new statement from the zweo of the deceased bombing suspect tamerian tsarnaev. news is breaking at this moment. i'm megyn kelly. katherine russell tsarnaev, very much in the spot light as she sends a lawyer out to say she knew nothing about her husband's plan to bomb the boston their monday. tamerian tsarnaev was home with the couple's toddler daughter last monday morning and in the days there after. hours later that day, surveillance cameras would catch him placing a bomb near the marathon finish line.

today saying through her attorneys she feels terrible. >> the loss of life to people who came to celebrate a race and a holiday has caused profound distress and sorrow to indicate at this and her family. reports of involvement by her husband and brother-in-law came as shock. as a mother and a sister, a daughter and wife, katie deeply mourns the pain and loss to innocent victims, students, law enforcement officers and our community. in the aftermath of this tragedy she her daughter and her family are trying to come to terms with this event. >> megyn: joining me now is

judge andrew napolitano. so in the news business we get paid to be skeptical. we have a lawyer for the woman who is married to the dead bombing suspect saying she knew nothing about it. the other lawyer said she worked 70 to 80 hours a week as a home health care aide and never saw the husband who was taking care of their toddler daughter. that can easily put you outside the home while the bombs were being made and plans were coming together and ultimately the terrorist attack was coming out. that could all be true. how do we get to the bottom of it? >> the only way the government can get to the bottom of it, if they wanted to get to the bottom from her, she doesn't wanted to speak, is subpoena her before a grand jury. they will be asking questions in front of a grand jury and not have a road map of knowing what her answers are going to be. she'll have no alternative but to answer before the grand jury unless the answer would

potentially implicate her in which case she will invoke the fifth amendment. she can only invoke for herself not for her husband which is dead. >> megyn: does she have spousal privilege. normally you can't compel a wife to testify against her husband. >> she has no spousal privilege because he is deceased. they would try to invade the privilege force her to tell marital secrets. with one spouse dead the surviving spouse does not enjoy that privilege. >> megyn: the reports say that the lawyer is fully cooperating and originally that the reports f.b.i. went to her house sunday night and she declined to speak with them and she lawyered up and she is speaking with the lawyers present. the lawyer probably accurately that she herself could face

charges. >> she could depending on what she knew and what she did about what she knew. for example, just a hypothetical if she knew he was one of the bombers and she harbored him, she is facing very, very serious charges as an accomplice or accessory after the fact. >> megyn: they were living together. there had been reports they were separated but now, according to the latest, they were living together. she was working a lot but they were living together with their daughter. >> sometimes you may agree with me from your own practicing years and i will tell you this from mine. the presence of a lawyer when the government is interviewing the client makes the interviewer better because the lawyer will sometimes say, you can answer. that you can answer that. you can answer that. as opposed to the person on their own clamming up, i don't want anything. >> megyn: you can't read anything into lawyered up.

>> she needs a lawyer whether he is a potential target for criminal prosecution just because the f.b.i. came knocking on her daut door. >> she could be a wealth of information. she is distraught. she cries a lot. there are some reports that he had been calling her a slut and prostitute. he, of course, was accused of domestic violence with another girlfriend prior to this woman. if she turns on him, she has been turned and became a muslim under his direction. started wearing the hijab and brainwashing and can be extracted from it, she would be a wealth of information. >> she could. because prosecution against the brother-in-law but her lawyer has to weave a fine line what she knows and how the information could be used her.

the lawyer has to interview her profoundly is there anything in her brain that could harm her. they would have to protect is the job of the lawyer. frustrating to the feds. they know how to address this. >> megyn: she went to live with the mother-in-law, that is tamerian that pulled him over to a more devout form of islam. the mother said she had no idea. that crossed over into radical islam. >> her father is the superstar yale graduate very much in demand. >> megyn: we'll see whether katy russell has something interesting to say to the feds. >> we are learning more about the boston bombing suspect as we hear from the man who said he was carjacked by the brothers. >> this happened after minutes, after shawn colder was shot and

killed. a man said he was parked alongside the road in a black mercedes when someone he thinks tapped on the window. he rolled it down. the brother put a gun in his face and got in. that is when he said, i'm quoting here, the man asked if i knew about the boston bomb explosion, he said i did that. the carjacked man said he was then forced to drive to a second location to pick up the younger brother. they put what he thinks were explosives and ammunition in the trunk. he then says, quoting they asked me where i'm from. i told them i am chinese. i was very scared. i asked them if they were going to hurt me. they said they won't hurt me. he later said they didn't kill him because he was not an american. after being forced to take money out of the atm he told the brothers he was low on gas. they went to a shell station. tameraan pumped the gas and dzhokar tsarnaev went inside.

the man said quoting there was a good chance for me to run. i made a judgment, i used my left hand to unbuck and right hand to open the door and ran away across the street. guy outside the car, older brother tried to catch me. he tried to catch me but i ran very fast. he ran to another gas station across the street. told them to call 911. while the carjack victim ran, the older brother ran in, got his younger brother, we got to go. they fled in the car and the car chase and the is a lotout as we all know happened minutes after that. that car is no low on gas, the ending of the story could be very different. >> megyn: did you say which of the brothers, according to the carjacking suspect said, i'm the guy who did the boston bombing? >> the older brother tamerian tsarnaev, got in the car, put a

gun to his head, do you know about the boston bombings, i did that. then they went to pick under the younger brother, dzhokar tsarnaev. >> that will be relevant in the criminal case. trace, thank you. >> megyn: fox news alert on the investigation of a different kind of attack. we saw launched last week. with the f.b.i. now looking into the suspect charged with sending letters laced with poisonous substance ricin to lawmakers. they are now concerned that the man that they charged may have been framed. john roberts live in atlanta with more. >> reporter: good afternoon. it's a very fast moving story. 45-year-old kevin curtis who had been charged with making threats against the president is released on bond this afternoon. he is over at his attorney's office. this came on the third day of a detention hearing but it was cut short. this after the f.b.i. failed to

find any trace of ricin at his home or in his car, failed to turn up any internet searches. i had a long conversation with his brother, last thursday the day we reported on this. he insisted he was framed and he was not responsible. there were people out there that were enemies of his that could have copied many of his writings. i am kevin curtis and transit posed that in letter that were sent to lawmakers. his attorney believes that the f.b.i. acted too quickly here because they were under a lot of pressure, with the boston bombings and having just happened and letters with ricin addressed to the president in a mail sorting facility. they jumped the gun on in this one. his attorneys incision that he is hundred percent innocent in all of this. they do say he suffers from

bipolar disorder but not capable of making a threat like this. the question remains, if not kevin curtis, who was responsible. there are a lot of people that have ideas, hot enemies of kevin curtis. theyers chasing down the leads. there will be an official announcement from the u.s. attorney's office. kevin can you remember contingency and his attorney may be part of that. so we'll stay very close and give you the latest updates as we get them. >> megyn: this is unbelievable to me. okay, john, come back to us if you get any updates in the next hour. you can bet kevin curtis are not too happy with the feds right now, not to mention, the neighbor -- who is it. >> coming up, new concerns that political correctness is n america is having a direct pocket our national security and investigations into the boston bombings.

jay has thoughts on that after the break. >> as the surviving suspect tells investigators that his religion not this attack. bob beckel right here suggests we need to take closer look at muslim students coming to america. he'll join us live. [ male announcer ] hunt...farm...or trail... polaris has what you wan legdary atvs led by the powerful sportsman 850 ho. value-minded side-by-sides featuring the new ranger 800 midsize.

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>>. >> megyn: the surviving boston bombing suspect has now reportedly confirmed that religion was the motivation behind the terror attack last week. authorities tell fox news directly that the pair were motivated by radical islam. this the wake of recent media discussions that seem determined to dismiss that possibility. >> we don't know yet, we are filling nt blanks with the profiles. what makes us feel comfortable this is an exceptional case because they are this. so you take one part of the element he is muslim.

he might have hadsome gone to electric if you are. >> i keep swongd it possible that wherever the discussion, this is because of ben affleck and connection between boston and movies of violence. answer is no. >> in all these cases where you see acts of radicalized individuals using violence they may have a religious affiliation but when they give reasons for what they did, it's politics. timothy mcveigh was motivated by waco. he was motivated by his grievances with regard to u.s. policy in pakistan and afghanistan. who knows what these individuals molt vacation may be. >> megyn: chief counsel for justice and op-ed political

correctness kills. that was before the latest information. you posit in your piece tax that many in this country have been determined not to keep an open mind but to keep a closed mind as to the possibility that authorities are now confirming that radical islam was the motivation this attack. >> correct. the political correctness on this can be traced back to a couple years. you have a situation, the major hassan situation there. you you have a situation we are calling it the government is calling it workplace violence even in the army's after action report. this is islamic terrorist that in our military that kills 13 americans is determined to be engaged in workplace violence. we were all a bit relieved when the president of the united states said those response responsible for those acts in

boston were terrorists but jihadist, muslim terrorist, never come out of his mouth. that is because the narrative doesn't fit what the administration and what some on the left are trying to say. you are right. some of the reports had to focus on the religious belief of the bombers. why is that? that is what motivates them. they are jihadists. as soon as we start recognizing that as a culture and as a governm lives have individuals. i said this before. we're not that situation where scottish presbyterian yanks are doing this. i'm not saying that all muslims are bombers and super majority are not. reality those that have pen perp at any rate go these acts has been islamists you can't define as someone engaged in jihad.

this political correct this isness is hurting and ultimately in the ability to prevent what is going on. >> megyn: the notion from one commentator, he was muslim and that is another item on the list he likes class cal music. that ignores the reality that some muslims, some fraction of muslims become radicalized and become committed to jihad. some small fraction of classical music lovers don't follow the same pattern. it feels dangerous to deny that one has historically led in some instances to danger for american citizens? >> a classical person that loves classical music or fervent about loving classical music don't goes out and kills americans

because of that love of music. this is political correctness. we serve ourselves better as a country both in the legal sense but also in the reality of what we're dealing with by just calling it what it is. it is radical jihadists. i tied this into the piece into o foxnews.com. we authorized a shipment shipment of f-16s to the muslim brotherhood. there is ties between the clerics and the muslim brotherhood. they are running egypt now. we just sent them f-16s, their theme is describe shad the way. this is what they say. this is jihad is the reason to existed. are they going to spray paint on the side of f-16s? i think the reality is we have to say what it is. but just to be real and say what is really going on here.

a small group that is dangerous. >> megyn: you heard a u.s. congressman, talking about the times square bomber, talking about how it was really politics it wasn't religion that motivated him. this is the guy that came out and said he was upset about afghanistan and came out and said, the attack on the united states will be rejengd jeng for the oppressed muslims. eight years have passed since the war and -- that is politics, that has nothing to do with radical islam. that is short sights. that is one of the other landmarks and the mindset. >> it's starting to be prevalent the idea that you got what is called political islam. it's more than a religion. sharia as a law goes within the political system within the muslim world.

those that adopt sharia take islam in a political context. saying it's political, these jihadists political, yeah, they are political. >> megyn: i got to run. thank you. we'll be right back.

>>. >> megyn: tough new questions about a horrific explosion at a fertilizer planted in the tiny town of west, texas. as we learn the dead and injured were first responders. trace? >> reporter: in fact the volunteer fire department in west, texas had 33 members before the explosion, ten of those firefighters were killed in the explosion because remember, first the fertilizer

planted caught fire. they went to put out the fire and that is what triggered the explosion and you have 70 investigators trying to figure out the cause of the actual fire. they compare it to scaning this crater to a archaeological dig. i should warn you that her injuries are difficult to look at but her story is important. listen.... >> i walked in and i said -- oh, my gosh, that place is on fire, i had three kids with me. i had closed door and looked out the door out the window. that is when the explosion happened. >> reporter: 50 to 75 homes were destroyed. an elementary school, a middle school, a high school badly damaged. many are asking why schools and homes were built so close to this fertilizer planted. i want to show you the amazing

video taken by the father and daughter at the time of the explosion followed by a brand-new interview with both. play this. >> get out of here. please, get out of here. >> oh, my god. >> please get out of here. >> in the cab of the truck, you can see the video the legs are going this way. >> it was like a ringing sound and it hurt really bad. >> reporter: you go back and those were her leg that has popped up in the air. 270,000 tons of ammonium my at any rate fertilizer in that planted. >> megyn: trace, thank you. as the soul surviving suspect tells investigators that his religion motivated this attack. our liberal pun did it bob

beckel says we need to take a look at muslim students coming to america and ask why they are here. he'll be here to explain. plus an unsolved triple murder in boston is s getting new attention after one victim turns out to be best friends with bombing suspect tamerian tsarnaev and his family among others wants authorities to take a look at close personal connections to these victims. we'll have an investigation coming up.

>>. >> megyn: to capitol hill as janet napolitano prepares for a closed door senate hearing where she is expected to field tough questions on the boston bombing. terror plot broken up in canada and new plans in o i am griak. they have taken serious heated as we learned the f.b.i. closed its investigation more than a year ago on the suspect that was killed despite on his extremism and a trip to russia, napolitano will go before chili capitol hill and we believe there a. more on that as we get it.

i think we really have to consider, given so many people hate us we need to cut off muslim students coming from this country so we can absorb what we got and some of the people here should be sent back home or sent to prison. >> megyn: what? that was our own bob beckel right here, suggesting the country may need to take a look at muslim students after the terrorist attack. as we learn the surviving suspect is telling investigators that religion, indeed, motivated the attack. bob beckel, they were a radicalized form of islam. wow, that is a controversial statement, bob! >> no kidding. i awoke with my phone ringing. i tell you. here is the way we need to look at this. there are 75,000 students here in this country. student visa is easiest thing to

get. one of people in 9/11 was on a student visa. we see a case f.b.i. has a difficult time with this fellow in boston. what i'm suggesting it wouldn't have stopped the boston marathon bombing but there is a lot of investigation that needs to be done and take a break and get that done and take a two-year hiatus from allowing -- it's unfair. people that are here, should stay here. those that have been stepped in school should stay here. after that we need something. >> how do we get there. we asked the brain room to pull a list of terrorist students that have student visas. maybe five out of 75,000? the numbers are not in favor of saying let's penalizing. >> the 74,995, how many of those

have been looked at very carefully. that is one of problems. we can say only a few have gotten in but we have a lot of students here who may themselves harbor feelings about resentments. they come from countries where they brainwashed from the united states from the beginning. their leaders don't like the united states. >> megyn: in that is true, why aren't we seeing mass attempts of terror by these students. the facts don't bear it out. >> part of the reason most of them don't have any interest in terror what i'm suggesting those students coming from those countries where those countries harbor recent. against the united states, if we could save one boston marathon event or one child's life by saying we need a two-year hiatus

from countries that do not like us. >> megyn: i would not have included russia? >> yeah, i would. >> no, we're going ban anybody from russia? you are not talking about turkey and iran. >> no, that's right. i took that. >> megyn: would you say russia, too. >> if they were muslim students from chechnya and places like that. i would take that list and bring it down to muslim countries and i counted 75,000 of 515,000 that are here now. do you say to yourself you are being very punitive to these kids that want to learn to study and great uni >> and kids that could be exposed to the american way of life and could be persuaded it's a great thing. we stand for freedom that they don't see in their home countries. >> have you noticed as i have whether it was 9/11 or

subsequent act by a muslim in this country has one leader of one country been sympathetic. one person stood up, one cleric stood up. no, they haven't stood up. i have always believed there are a lot of moderate muslims but they are all silent in fear about the radical elements of islam. i just am appalled we haven't heard a single thing out of any muslim countries, any leaders, out of clerics and imams, this is terrible. >> megyn: if we go with your theory that they are potential risk, what is to stop us from going to japanese internment camps. let's forget about it. let's take ones in country. you are in a dangerous place. >> i'm usually on the other side of the table being liberal. this is not a position i take lightly. >> megyn: that is why it made

news. >> i via it because think there is a potential of 75,000 people in this country of finding one or two more terrorist acts to take place. we also know that muslims in this country that become radicalized in this country because they have gone to mosques and picked up on this. some are on the influence of foreign imams, it's a risky situation. >> megyn: what about the argument if we do that, if we start behaving that way, we become something other than what we are. they win because they change what america is and what it stands for. >> they are winning already. i live in washington, d.c. on the weekends. my city that beautiful city has been shut down, monuments, big ugly barriers since 9/11. you shut down pennsylvania avenue. you look the doors of the supreme court. we are reacting to real threats but we're constantly on the defensive. i'm suggesting go it might make

sense for 48 months to go on the offensive and clear out -- we know there is active investigations on some of these students, let's let them finish. >> megyn: they investigated five different terror suspects and moved on from that that moved on 20 committed acts of terror, hassan at ford hood and this guy and underwear bomber and others. their track record. >> the track record is not that good, i suppose napolitano has the answer to that but you think about that one in boston. that is one i find most difficult. they closed the investigation before he went to russia. then he stayed in a place near chechnya then they closed it down. >> if you look, we had home-grown terrorist expert on the show yesterday. these are the things you look

for. this is what you find. it was like a checklist that looked like tamerian tsarnaev. they become a little less connected with their friends, they get kicked out of their mosque. they withdraw some of the societal things, like in his case, boxing. he had gotten the list and continue to the follow up, he would have had red flags. fortunately we have another hour devoted to bob beckel and couple of others. bob, thank you, sir. >> 5:00 p.m. eastern. the five and the twitter account sends out a fake tweet about an attack at the white house. it causes the dow to drop. it has caused the white house to respond.

what happened and how the country has reacted like this, next. >> megyn: plus an unsolved triple murder is getting new attention from boston police after revealed that one of the victims was very close friends with tamerian tsarnaev. we go in depth on this next. [ male announcer ] this is betsy. her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪ [ male announcer ] just when you thought you had experienced performance a new ride comes along and changes everything. the 2013 lexus gs. this is the pursuit of perfection. the 2013 lexus gs. anncr: and many of the tornado's victims are... without homes tonight. girl: first, i saw it on cable. then i read about it online. i found out how to help. i downloaded the info.

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this broadcast. after the associated press twitter account was apparently hacked and they suggested president obama had been injured after two alleged explosions at the white house, it wasn't true. jay carney just clarified that the president is fine. there were no explosions. reported sent the dow plunging for a brief period of time, down about hundred points. it has since recovered. unbelievable what happens with n social media sometimes today. >> new questions about unsolved murder in boston two years ago and a potential link to one of the boston bombing suspects. in september of 2011, three young men were found dead in an apartment. their throats slit, bodies sprinkled with marijuana. now family members are asking police to take a look at tamerian tsarnaev who was friends with one of the victims.

an investigative report from the boston globe, thanks for being here. they are looking into whether there is any link. what is the evidence that tamerian tsarnaev had anything possibly to do with this? >> there is no forensic evidence per se. anything like dna evidence or a fingerprint, but there is awful lot of coincidences that make family members wonder. for instance, tamerian had a photo essay as a boxer. he said he didn't understand american friends. we interviewed the owner of a gym, that is not true. he introduced me to an american as he referred to as his best friends who was a victim in the triple murder. in addition previously it was reported this murder occurred on september 12th of 2011. a relative who i interviewed,

said, no, this medicare had to have happened on september 11th which would have been the tenth anniversary of the attacks on the trade center and pentagon. he knew this because he was texting a relative about 8:15 and texting just stopped. that was true for the other victims as well that were talking on their cellphones. now you have the murder happening on this event which is of extreme importance. >> megyn: i know you say the person that committed the crime had to be strong and highly skilled because if it was one person, it certainly they would be up against three. more than one, it would still be something because they were young, fit men. >> it would have to be someone strong and skilled. most likely someone that knew the victims. this is what the police announced at the time because there was no forced entry into

the apartment. so clearly it was something who familiar with the victims. tamerian tsarnaev was definitely familiar to one of the victims and probably all three. >> megyn: was any dna found that didn't belong to the three victims? >> there was no forensic evidence at all. there was someone that planned it. tha as i said that was highly skilled. >> megyn: because that is another thing they will be looking into with respect to the bombings, if somebody as they call it forensicly pure in putting a bomb that dna wouldn't show up on the bomb parts. was there any motive discussed. what would have been the potential motive? >> this is purely speculative but the murders shortly after tamerian became radicalized in his religious beliefs. it bothered him, here was an

american who was a drug dealer. alcohol and drug says forbidden under islamic law. >> megyn: he made clear, according to friends and family, he may have once that consumed alcohol. any connection alleged that they are looking from the younger brother who is alive and in custody in these three murders? >> this is bit speculative. it's hard to believe that as strong and perhaps as skilled as he was, it's hard to believe that one individual could overpower three individuals who were physically fitted, strong, able to take care of themselves without firing a single shot. it's likely he can have help. in hindsight after the marathon bombings, would it seem the younger brother may have accompanied him. >> megyn: how about the notion that marijuana was sprinkled all

over their bodies. does that tell us us anything? >> well, it's clearly a message of some kind. how do interpret it, i think is an open question. i think initially, it led investigators to believe that this was a murder committed by other drug dealers and there was a message here that perhaps they intruded on someone else's turf. now in the wake of the marathon bombings, there was different message. >> megyn: and they left $5,000 at the crime scene. most drug dealers don't let leave money around the crime scene? >> it doesn't seem like robbery was the motive. that is another good point. >> megyn: we will see what authorities find. michael, thanks for being here. coming up, incredible stories from the survivors that were injured on the terrorist attack in boston. including this young woman being carried away from the chaos. dramatic rescue, next.

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we are starting to hear from some of the victims of the boston marathon bombing, including 25-year-old kaitlin kates who nearly lost her life. she is the woman in the picture with the red blanket. dr. mark siegel spoke to her. he is live at the hospital in boston. dr. seeing until. >> she was standing at the finish line watching the runners come in, and it blew her off her feet. her friend leo came running to the rescue, picked her up in his arms and carried her off to safety. >> laid me down, took off his shirt, tied to stop the bleeding. kind of conducted someone to come over and help pick me up

and put me in the car. drove down one-way streets and got me to mass general hospital within ten minutes and i was here and the staff was taking care of me right away. so i don't remember -- i remember it all. >> did you feel anything? >> i think i was in such a state of shock i didn't. i was more concentrated on -- i didn't think i was going to make it. it was a good amount of bleeding. >> megyn, she is expected to make a full recovery, but for some of the century involvers it's a long road ahead with both psychological, emotional, and physical. they but kaitlin is determined not to be defeated. megyn? >> god bless her. thank you. after the break, new evidence that some of our friends in boston are feeling a lot better. that's next. [ horn honks ]

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>> the perils of live tv are well known. how you happen them make all the difference. mike to by has been bunched while delivering a live report. look at what happened yesterday. >> ten seconds later the second explosion goes off according to the fbi at the location where -- please don't do that -- where he dropped his knapsack. shepard? >> megyn: like a pro. it was like, boom, step